Caterpillar, Inc. v. Great American Insurance Company, Cross-Appellee

FLAUM, Circuit Judge.

Caterpillar, Inc. and Great American Insurance Company both appeal from a decision of the district court granting in part and denying in part Caterpillar’s motion for summary judgment regarding the coverage afforded Caterpillar’s directors and officers under a directors’ and officers’ liability insurance policy with respect to claims made against them in a federal class action securities suit. The district court determined that Caterpillar had not breached any conditions precedent in the policy in settling the suit but that Great American was entitled to attempt to…